Dishonourment
Dishonourment legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Suit was dismissed on the ground that the said cheque was never presented to the bank for payment, therefore no cause of action had arisen
Validity
When the cheque was never presented for payment, then in light of S.72 read with S.84 of the Negotiable Instruments Act, 1881, there was no refusal by the drawer or the bank for payment of the cheque, therefore, no cause of action accrued to the plaintiff for filing a suit under provisions of O.XXXVII, C.P.C.
Cheque was only payable on demand and cause of action arose only when such demand was not honoured
Suit of the plaintiff was therefore, not maintainable
Appeal was dismissed.
Suit was dismissed on the ground that the said cheque was never presented to the bank for payment, therefore no cause of action had arisen
Validity
When the cheque was never presented for payment, then in light of S.72 read with S.84 of the Negotiable Instruments Act, 1881, there was no refusal by the drawer or the bank for payment of the cheque, therefore, no cause of action accrued to the plaintiff for filing a suit under provisions of O.XXXVII, C.P.C.
Cheque was only payable on demand and cause of action arose only when such demand was not honoured
Suit of the plaintiff was therefore, not maintainable
Appeal was dismissed.
"Dishonourment", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124945630
Precedents & Case Laws citing "Dishonourment"
2003 C L D 1370
NATIONAL BANK OF PAKISTAN — Plaintiff Versus SHAHYAR TEXTILE MILLS LTD. — Defendant
Court: Karachi1985 C L C 436
Messrs PAKISTAN INTERNATIONAL AIRLINES-Plaintiff Versus Messrs NATIONAL BANK OF PAKISTAN and another — Defendants
Court: Karachi1991 S C M R 836
THE FEDERATION OF PAKISTAN and another — Appellants Versus ATIQUR REHMAN OAZI — Respondent
Court: ---- Dishonouring of cheque of customer---Damages---Post Office which acts as a banker also, cannot take up the position that it can dishonour a cheque issued by a customer without any valid reason or when the customer wants to withdraw money out of his account, the post office can issue its own cheque which can be dishonoured and, in either of the situations, the post office is not liable for damages to the customer---If no valid reason is given for dishonouring the cheque and sufficient amount is available in the customer's account to cover the cheque, the post office or the bank, would be liable for damages to the customer: --Damages.P L D 2002 Lahore 164
Mian FAZAL AHMAD — Petitioner Versus STATION HOUSE OFFICER, GULBERG LIBERTY MARKET, LAHORE and 3 others — Respondents
Court: High Court2007 M L D 1424
Messrs SHELL PAKISTAN LTD. — Plaintiff Versus Messrs BHOJA AIR (PVT.) LTD. — Respondent
Court: Karachi2002 C L D 107
EFU GENERAL INSURANCE LTD.‑‑ ‑Plaintiff Versus Messrs SECURITY AND MANAGEMENT. SERVICES (PVT.) LTD. ‑‑‑Defendant
Court: Karachi1987 M L D 438
Mst. BISMILLAH JAN — Appellant Versus RIAZ MAHMOOD — Respondent
Court: Karachi2013 Y L R 1798
Mrs. RUKHSANA AZIZ — Appellant Versus MUHAMMAD EMAD and another — Respondents
Court: Sindh2013 P Cr
NASEEB GUL — Appellant Versus AMIR JAN and another — Respondents
Court: Balochistan2001 PLC 377
Messrs METROPOLITAN STEEL CORPORATION LTD., KARACHI Versus Mst. NAJMA KHATOON and another
Court: Sindh Labour Appellate Tribunal